The January 3, 2019 Regular Town Board Meeting was held at7:56 pm immediately following the Organizational meeting at the Town of Rochester Town Hall.
ACTION OF MINUTES:
Resolution # 47 -2019:
A Motion was made by Councilman Drabkin to Accept the minutes of the meetings as presented;
Dec. 6, 2018 Regular Meeting
Dec. 20, 2018 Special Meeting
Second: Councilwoman Haugen-Depuy
Discussion: Supervisor Baden asked for amendment to be made for Resolution 376-2018 and to include in the language of Councilman Drabkin stating no resolution is needed for applying for the L grant
A Motion was made by Councilman Drabkin to amend Resolution # 45 of 2019 to include amendments requested by Supervisor Baden.
Second: Councilwoman Haugen-Depuy
Aye: 5 nay: 0 abstain: 0 motion carried
SUPERVISOR’S REPORT:
Will be filed with the Town Clerk within the week.
ATTORNEY FOR THE TOWN UPDATE:
An e-mail was sent to Board members
LIAISON REPORTS:
Councilwoman Fornino: YC: 1/19/19 there is a community trip to crossgates mall. $ 10 per person call the youth commission to sign up. Rondout Valley School District: Hosting a Box out benefit for 2 students in Rondout Valley High School that are battling cancer. The benefit will be held on 1/11/19 at 5pm at the High school.
Councilman Drabkin: Transfer Station: with solid waste increasing dramatically we are asking that you put your household garbage put in the compacted bins not the c/d bins.
SUPERVISOR’S UPDATE:
Supervisor Baden stated the Kelder/ Grace properties received an $ 807,000.00 land protection grant. From Kelder’s farm to Davis farm this will forever remain agricultural.
Two Community Meetings will be held regarding the solar projects at the end of the month. The Meetings will be held on a Thursday evening and a Saturday morning. The first 100-150 households will save 15 % on their electric bill for total usage. There will be a period of time where it will only be open to Town of Rochester residents. This will be a fluctuated rate as a true percentage. We are hoping to serve approximately 1200 households.
NYSERDA: pledge to fill one megawatt of the 11 megawatts with the NY solar for all program. This program is open to anyone in the Central Hudson region. There is 1 megawatt in our project and one megawatt in a Poughkeepsie project. Essentially 2 megawatts are available for any Central Hudson customers who qualify for low to moderate income levels, based on your income and the number of people living in the home. This program is up and running it is called Solar for all.
Rochester Tax Rate: The Town of Rochester tax rate general fund is the lowest in the County and our Highway fund is the fourth lowest in the Town combining for a total of the second lowest in the County.
Councilman Drabkin stated he was glad to see the American Towers bill. There is a lot of money involved and it would be good to see it get audited so we know we are getting a fair shake.
Ag & Markets sent the report stating the Town of Rochester municipal shelter received satisfactory status.
December 2018 mortgage tax check was for $ 109,000.00, homes are selling in Rochester.
The Town of Rochester received notice that we were denied for the Parks & Recreation grant.
CORRESPONDENCE REPORT:
Supervisor Baden stated that there’s a lot of correspondence for the Board to review and note there are 3 correspondence involving employees that are confidential.
TOWN CALENDAR:
Jan. 7 Ulster County Legislature County Office Bldg., Kingston 6:30pm
Jan. 10 Environmental Conservation Commission Town Hall 6:30pm
Jan. 14 Historic Preservation Commission Town Hall 2pm
Jan. 14 Planning Board Harold Lipton Community Ctr 7pm
Jan. 17 Zoning Board of Appeals Harold Lipton Community Ctr 7pm
Jan. 21 Town Hall Closed – Martin Luther King Day
Jan. 31 Town Board Audit/Workshop Meeting Town Hall 6pm/7pm
PUBLIC COMMENT:
Carol Fischer stated that there was a facebook post with concerns of people not being able to adopt dogs from the Town of Rochester. There are complaints that Jill wont adopt dogs out.
Town Clerk Gundberg stated that Jill does home inspections, vet checks and has the discretion to adopt the dogs out to whom she sees fit.
Justice Babcock asked for a copy of the salary and wages.
Highway Superintendent stated the Highway department has implemented a new program where 2 trucks deployed from 4am to 12:30pm from January to March to focus on the upper districts of the Town for hazardous conditions.
Bill Barringer request to have Constables at the Youth Center for the after school program to work as security.
DISCUSSIONS:
PROPOSAL- ACCORD FIRE DISTRICT, SNOW PLOWING:
Supervisor Baden stated that he received an agreement between the Town of Rochester and the Accord Fire District. The Board was asked to review the contract and it will be discussed at the Audit/workshop meeting and request that the Highway Superintendent or his Deputy be present.
RESOLUTIONS:
AUTHORIZING THE HIGHWAY SUPERINTENDENT TO ORDER A PLOW, SANDER AND DUMP BODY:
Resolution # -2019:
A Motion was made by Councilwoman Haugen-Depuy authorizing the Town of Rochester Highway Superintendent to execute a contract with Cives Corporation, DBA Viking Cives( USA), located at 14331 Mill Street, Harrisville, NY 13648, for the expenditure of $ 96,673.50 for plow, sander, and dump body for the ordered 2019 International HV507 SFA4X2 ( Town Board Resolution # 382-2018). This price is from the Onondoga bid catalog.
Additional quotes were secured as follows:
Zwack Inc. Route 22, Stephentown, NY 12168 $99,285.00
Hudson River Truck and Trailer 12 Commerce St.Ext Poughkeepsie, NY 12603 $ 99,929.00
Second: Councilwoman Fornino
Discussion: Supervisor Baden stated this will be paid for with 2019 CHIPS money.
Aye: 5 nay: 0 abstain: 0 motion carried
CONSTABULARY POLICY AND PROCEDURE MANUAL:
Supervisor Baden stated he researched and doesn’t see where the policy and procedure guide was ever officially adopted. There were several different versions floating around, some had sections that others didn’t have, some mentioned Tavi as the Police Commissioner. Rich was asked to update the manual which he did and thank you very much that was a huge undertaking with a 400 plus page document and he did it in record speed, I’m asking between now and the workshop meeting to review the manual so the Board can discuss and adopt it formally.
Supervisor Baden spoke with the insurance carrier for a quote of insurance for the constabulary which we haven’t had previously specifically for constabulary. The Constables were covered as employees of the Town, it will cost approximately $ 3,000.00 a year which is budgeted for in the 2019 budget.
Councilman Drabkin stated that the Board should adopt the manual now so the Town can get the proper insurance required for having the Constabulary and the Board can make changes down the road.
Councilwoman Fornino stated having the correct insurance is important.
The Board agreed.
Resolution # 49-2019
A Motion was made by Councilman Drabkin to adopt the Town of Rochester Constabulary Policy and Procedure Manual dated 12/27/2018 which is subject to possible revisions.
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried
TRANSFER OF PROPERTY TO ACCORD FIRE DISTRICT:
With the NYRISING program at the Alligerville Firehouse there will be construction of a new firehouse. Most of the parking lot is owned by the Town of Rochester because it was land conveyed to the Town from the County at one point from Kyserike Road. In order to achieve the new firehouse house we need to sell some of that land to the Fire Department.
Attorney Christiana stated we can’t gift the property. The law states that we have to sell the land for market value. It is .089 acres. We are checking with NYRISING to see if there is an exception.
OPEN DEVELOPMENT-CLIFF ROAD:
At the request of the Town Attorney no further action is necessary.
ACCEPTING DONATIONS:
Resolution # 50-2019:
A Motion was made by Councilwoman Fornino to accept donations of $75 from the Kerhonkson Accord Jewish Senior Citizens, $50 from Robert Cairo and Deborah Martin, and $227 in cash from various persons.
Councilwoman Haugen-Depuy
Aye: 5 nay: 0 abstain: 0 motion carried
SETTING A PUBLIC HEARING FOR LOCAL LAW 1 OF 2019 AMENDING CHAPTER 53, ANIMALS OF THE CODE OF THE TOWN OF ROCHESTER:
Resolution # 51-2019:
A Motion was made by Councilman Drabkin to schedule a public hearing amending Chapter 53, Animals, of the Code of the Town of Rochester to be held immediately following the conclusion of the Audit Meeting scheduled January 31, 2019 at 6pm at the Town of Rochester Town Hall, 50 Scenic Road/PO Box 65, Accord, NY. The public hearing will begin no earlier than 7pm. The Town Clerk is directed to post and distribute notice of the public hearing.
Second: Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried
A Motion was made by Councilman Hewitt to approve the following block resolutions # 52 -54 as presented;
2019 BUILDING AND CODE ENFORCEMENT OFFICE FEES:
Resolution # 52-2019:
Recommended resolution; Upon advisement of the Building and Code Enforcement Department, the Town Board establishes the 2019 Fee Schedule, effective Jan. 1, 2019, as presented.
ZONING PERMIT $35.00
RESIDENTIAL & COMMERCIAL $.30/sq. ft
RESIDENTIAL ADDITIONS $.30/sq.ft.
RESIDENTIAL ALTERATIONS $.25/sq.ft.
GARAGES $.30/sq.ft.
OPEN DECK $.20/sq.ft.
CLOSED PORCH with ROOF $.25/sq.ft
SINGLE WIDE MANUFACTURED HOME $200.00
DOUBLE-WIDE MANUFACTURED HOME $400.00
REPLACEMENT MANUFACTURED HOME (existing slab) $150.00
AGRICULTURAL BARNS $100.00
SHEDS & OUTBUILDINGS $.20/sq.ft.
FENCES $ 35.00
SIGNS building–$50.00—–free standing–$100.00
DEMOLITION PERMITS $50.00
NEW OUTDOOR WOOD BURNING FURNACE $75.00
INDOOR WOODBURNING/PELLET STOVES $75.00
LOGGING PERMIT $ 200.00
HOME OCCUPATION $100.00
CERTIFICATE OF OCCUPANCY SEARCH LETTER $80.00
SWIMMING POOLS (without deck) $35/1st $1,000
$10/$1,000 thereafter
MISCELLANEOUS PERMIT (i.e. roofs) $35/1st $1,000
$10/$1,000 thereafter
SOLAR PANELS $ 35/1st $1,000
$10/$1,000 thereafter
2019 PLANNING BOARD AND ZONING BOARD OF APPEALS FEES:
Resolution # 53 -2019
Recommended resolution; The Town Board establishes the 2019 Fee Schedule, effective Jan. 1, 2019, as presented.
2019 Planning Board and ZBA Application Fee Schedule (effective January 1, 2019)
Planning Board fees:
Special Use Permit $ 500.00
Site Plan Approval $ 300.00
Minor Subdivision $ 250.00 for application + $ 75.00 for each lot
Major Subdivision $ 500.00 for application + $ 75.00 for each lot
Recreation Fees $100.00 per lot over 5 lots* *at option of Planning Board authorized under NYS Town Law§ 277 (4)
Natural Subdivision $100.00
Lot line adjustment $100.00
Zoning Board of Appeals:
Area Variance $ 150.00
Use Variance $ 250.00
Appeal of Code Enforcement $ 200.00 * refunded if successfully appealed
Office determination
Code interpretation $ 50.00
2019 RECREATION DEPARTMENT FEES:
Resolution # 54 -2019:
Recommended resolution; Upon advisement of the Recreation Department, the Town Board establishes the 2019 Fee Schedule,
SUMMER PROGRAM:
Residents $ 115.00 per week per participant
Non-Resident $ 125.00 per week per participant
BASKETBALL:
Clinic: $ 60.00 per participant
League: $ 80.00 per participant
AFTER SCHOOL: October – May September & June
Single Participant: $ 80.00 $ 40.00
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried
2019 TRANSFER STATION FEES:
Resolution # 55 -2019:
A Motion was made by Councilwoman Haugen-Depuy that the Town Board of the Town of Rochester establishes 2019 Transfer Station Fees, as follows, effective Jan. 1, 2019
Permit Fee
Resident $35 (w/ proof of residency)
Senior 65+ $20
First Responder volunteer $20 (w/ proof of membership)
(KAFAS, Kerhonkson Fire, and Accord Fire)
Household Waste (MSW, Municipal solid waste)
Large bag 30 gallon or greater $4.00 per bag
Small bag less than 30 gallon $2.00 per bag
Residential Bulk Construction and Debris or Household Waste*
Commercial C&D will be accepted until MARCH 31, 2019
$0.12 per lb./ $240 per ton (as weighed by the Transfer Station scale)
* As of April 1, 2019 Commercial C&D will no longer be accepted at the Town of Rochester Transfer Station, due to changes in UCRRA policy and NYSDEC regulations.
Commercial C&D may be disposed of at the Ulster County Resource Recovery Agency facilities in the Town of Ulster or New Paltz.
Tires
Up to 16” w/o rims $4.00
Up to 16” w/ rims $6.00
Larger than 16” $16.00
(No tires larger than tandem trailer size)
Bigger Tires $6.00 per ply
Appliances – Any with Freon
Air conditioners, refrigerators, freezers $14.00
Florescent Light Bulbs
Compact CFL Lamps $0.50
4’ T-8 or T-12 Lamps $1.00
8’ T-8 or T-12 Lamps $2.00
Second: Councilman Drabkin
Aye: 5 nay: 0 abstain: 0 motion carried
ADOPTION OF THE TOWN OF ROCHESTER VEHICLE AND FUEL USAGE POLICY:
Resolution # 56 -2019:
A Motion was made by Councilman Drabkin that the Town of Rochester adopts the Vehicle and Fuel Usage Policy.
It is the policy of the Town of Rochester that certain positions require employee access to municipal vehicles, either during the work shift or on a 24-hr on-call basis. Town vehicles are not to be considered personal vehicles and are not for personal use. Town vehicles are viewed as belonging to the citizens of the Town of Rochester and are solely for the purpose of providing services to those citizens.
Therefore, the purpose of this policy is to set forth guidelines under which town vehicles are authorized to town personnel and guidelines under which town vehicles are used, and their fuel is utilized. This policy is adopted in addition to the terms of Section 3.6 Vehicle Usage
and 3.7 Driver’s License / Insurance Requirements of the Town of Rochester Employment
Practices Manual, effective Dec. 1, 2018.
1. Municipal vehicles must have the Town seal affixed on the drivers and passenger side doors and may only be used for legitimate municipal business. No advertisements, signs, bumper stickers or other markings of a political or commercial nature may be displayed on Town vehicles at any time, except those of a limited community service nature as authorized by the Town Board.
2. Municipal vehicles will not be used to transport passengers who are not directly or indirectly related to municipal business. Passengers shall be limited to Town employees and individuals who are directly associated with Town work activity (committee members, consultants, contractors, etc.) Family members shall not be transported in Town vehicles.
3. Vehicles should contain only those items for which the vehicle is designed. The Town shall not be liable for the loss or damage of any personal property transported in the vehicle.
4. Only the Highway Superintendent, Working Foreman, Buildings and Grounds Supervisor,
Code Enforcement Officer/Building Inspector, Town Supervisor, and Chief Constable
can take home a Town vehicle without additional authorization from the Town Supervisor
or Highway Superintendent.
5. The assignment of municipal vehicles during work time is based upon job description. Appointing authorities who have municipal vehicles available for this purpose may assign such vehicles in a manner consistent with departmental workload, employee function, and NYS licensing credentials. The assignment of vehicles may be rescinded at any time by the Town Highway Superintendent t and /or Town Supervisor.
6. Employees utilizing motor vehicles must have a valid driver’s license issued in the United States. Before approving a driver, the Highway Superintendent or Town Supervisor must check the employee’s driving record and verify the existence of a valid driver’s license. A copy of the driver’s license must be obtained and kept in the employee’s file.
a) Employees who incur parking or other fines in municipal vehicles will generally be personally responsible for payment of such fines unless the payment of such fines by the town is approved by the Town Board.
b) Employees who are issued citations for any offense while using a municipal vehicle must notify the provide such notice may be grounds for disciplinary action.
c) An employee who operates a municipal vehicle and who is arrested for or charged with a motor vehicle offense for which the punishment includes suspension or revocation of the motor vehicle license, whether in his or her personal vehicle or in a municipal vehicle, must notify the Highway Superintendent or Town Supervisor immediately but in no case later than 24 hours. Conviction for such an offense may be grounds for loss of municipal vehicle privileges and/or further disciplinary action.
d) In the case of ‘b’ or ‘c’, the Town Supervisor must be notified within 24 hrs. of the incident.
e)Any violations of the traffic, transportation or motor vehicle laws must be reported to the Town Supervisor for a determination of continued use of a Town vehicle by the involved town employee.
7. Employees are not permitted, under any circumstance, to operate a Town vehicle,
or a personal vehicle for Town business, when any physical or mental impairment causes the employee to be unable to drive safely. This prohibition includes circumstances in which the employee is temporarily unable to operate a vehicle safely or legally because of illness, medication, or intoxication by drugs and/or alcohol. Employees whose jobs require regular
driving for business as a condition of employment must always be able to meet the driver
approval standards of this policy. In addition, employees holding those jobs must inform their supervisor and the Town Supervisor of any changes that may affect their ability to meet the standards of this policy.
8. Employees driving a Town vehicle may claim reimbursement for parking fees (not fines) and tolls actually incurred, upon submittal of receipts. Employees who are authorized to use their personal vehicles for approved business purposes will receive mileage allowance as adopted yearly by the Town Board. All requests for reimbursement must be approved by the Town Supervisor. No employee may use a municipal vehicle for out of county boundaries
use without advance approval of the Town Supervisor. Involved employees will report to the
Highway Superintendent or Town Supervisor at the conclusion of the out of county activity.
9.Employees must report to the Highway Superintendent and the Town Supervisor any accident, theft, or damage involving a Town vehicle or a personal vehicle used on Town business, regardless of the extent of damage or lack of injuries. This report must be made as soon as possible but no later than twenty-four hours after the incident.
10. It shall always be the employee’s responsibility to maintain the security of the vehicle and its contents in his or her possession. Drivers must also make sure that the vehicle has a valid New
York State inspection sticker, oil is checked on a regular basis, tires have sufficient read, and that the vehicle is kept clean, etc. No vehicle should be driven unless it is safe for the road.
11. For each municipal vehicle, a “Vehicle Fuel Usage Log” is to be completed and maintained that documents daily activity. (refer to vehicle fuel logs sheet.) For each bulk fuel tank, a Fuel Tank Log is to be completed and maintained that documents inventory, purchases and usage each month. (see Fuel Tank Log sheet.)
a) The Highway Superintendent will monitor the daily Fuel Usage Logs and Fuel Tank Logs for completeness, accuracy, and reasonableness.
b) The monthly data on each vehicle/fuel tank will be submitted by the Highway
Superintendent to the Town Supervisor prior to its regular monthly meeting
12. All employees will be given a copy of this policy and will be required to sign a confirmation receipt.
13. Failure to comply with any and all provisions of this policy may result in disciplinary action
up to and including removal of Town vehicle privileges, suspension, and/or termination of Town services.
Second: Councilwoman Haugen-Depuy
Aye: 5 nay: 0 abstain: 0 motion carried
TOWN SUPERVISOR / TOWN CLERK- REQUEST TO APPLY FOR A LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND (LGRMIF) Grant:
Resolution # 57-2019:
A Motion was made by Councilman Drabkin that the Town Board authorizes the Town Supervisor and the Town Clerk to apply for a Local Government Records Management Improvement Fund Grant (LGRMIF) to secure funding to enter into a contract with InStream, a recognized New York State Industries for the Disabled (NYSID) company, to convert the Code Enforcement and Building Department records from paper records to digital records. The Town is under no obligation to contract with Instream in any way should the grant be not approved.
Second: Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried
RECREATION DEPARTMENT REQUEST:
Resolution # 58-2019:
A Motion was made by Councilman Drabkin to authorize the Recreation Department to contract with Goldie Goldberg to instruct at weekly line dancing sessions to be held Thursdays at 11am for a fee of $30 per session, and to authorize the Recreation Department to collect a $2.00 per participant fee. This is a Town Recreation Department sponsored event series.
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried
CATSKILL WATERSHED CORPORATION- NOMINATION OF UC REPRESENTATIVE:
Resolution # 59 -2019:
A Motion was made by Councilwoman Fornino that the Town Board authorizes the Supervisor to place into nomination the name of Richard Parete to serve as the Town’s representative to the Board of Directors of the Catskill Watershed Corporation.
Second: Councilman Drabkin
Aye: 5 nay: 0 abstain: 0 motion carried
REQUEST FROM WILD EARTH TO UTILIZE TOWN FACILITIES:
Resolution # 60-2018:
A Motion was made by Councilman Drabkin authorizing the Town Supervisor to enter into an agreement with Wild Earth, 2307 Lucas Turnpike, High Falls, NY 12440 to utilize the Town Park parking area on January 8, 2019 from 12 Noon to 5pm, pursuant to supplying a certificate of insurance naming the town as an insured party.
Discussion: Supervisor Baden stated that he still has a copy of their insurance from the Summer and it is still valid.
Second: Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried
GENERAL CODE RECODIFICATION:
Resolution # 61-2019:
A Motion was made by Councilman Drabkin authorizing the Town Supervisor to enter into a contract with General Code, 781 Elmgrove Road, Rochester, NY 14624 in the amount of $13,900 for recodification services, as presented. Payment shall be made with 20% ($2,680) funded in 2018, 50% (6,950) funded in 2019, and 30% ($4,170) funded in 2020.
Second: Councilwoman Hagen-Depuy
Discussion: Supervisor Baden stated that Councilman Drabkin had questions that we haven’t received answers for.
Councilman Drabkin asked that it be tabled until the workshop meeting. 50% of cost is the past and 50 % is the future and we need an understanding of what that entails as far as a relationship in the future. I am in favor of it.
Supervisor Baden stated that it is a valuable thing but we have questions that need answering.
The Town Board tabled Resolution 61 of 2019, motion not carried
AUTHORIZATION FOR THE SUPERVISOR TO CONVEY TOWN-OWNED LAND:
Resolution # 61-2019:
A Motion was made by Councilman Drabkin authorizing the Supervisor to sign any required documentation and the attorney for the Town to complete all required documentation to convey town-owned property to William and Lynn Wells, as per conditions established by Town Board Resolution 262-2018. Any Attorney for the Town fees or any other fees involved in the transaction shall be the responsibility of William and Lynn Wells.
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried
BOARD MEMBER TIME
Supervisor Baden stated that he met with the Rabbi from Camp Rav Tov to discuss plans/ permits filed with the Department of Health and DEC for a proper waste system. The Rabbi seems to be honoring what they said they will do.
EXECUTIVE SESSION:
A Motion was made by Councilwoman Haugen-Depuy to enter into executive session at 8:45pm with the Attorney for the Town to discuss a health concern of a particular Town Employee.
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried
A Motion was made by Councilman Drabkin to reconvene the meeting at 9:00pm stating no action taken nor monies expended.
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried
ADJOURNMENT:
A Motion was made by Councilman Drabkin to adjourn the meeting at 9:00pm.
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK